(1)
"Evaluation
procedures" means the procedures required by the policy adopted pursuant to
division (A) of section
3319.111 of the Revised
Code.

(2)
"Limited
contract" means a limited contract, as described in section
3319.08 of the Revised Code, that
a school district board of education or governing board of an educational
service center enters into with a teacher who is not eligible for continuing
service status.

(3)
"Extended
limited contract" means a limited contract, as described in section
3319.08 of the Revised Code, that
a board of education or governing board enters into with a teacher who is
eligible for continuing service status.

(B)
Teachers eligible for continuing service status in any city, exempted village,
local, or joint vocational school district or educational service center shall
be those teachers qualified as described in division (D) of section
3319.08 of the Revised Code, who
within the last five years have taught for at least three years in the district
or center, and those teachers who, having attained continuing contract status
elsewhere, have served two years in the district or center, but the board, upon
the recommendation of the superintendent, may at the time of employment or at
any time within such two-year period, declare any of the latter teachers
eligible.

(1)
Upon the
recommendation of the superintendent that a teacher eligible for continuing
service status be reemployed, a continuing contract shall be entered into
between the board and the teacher unless the board by a three-fourths vote of
its full membership rejects the recommendation of the superintendent. If the
board rejects by a three-fourths vote of its full membership the recommendation
of the superintendent that a teacher eligible for continuing service status be
reemployed and the superintendent makes no recommendation to the board pursuant
to division (C) of this section, the board may declare its intention not to
reemploy the teacher by giving the teacher written notice on or before the
first day of June of its intention not to reemploy the teacher. If evaluation
procedures have not been complied with pursuant to section
3319.111 of the Revised Code or
the board does not give the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to exceed one year
at the same salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended limited
contract for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the fifteenth day of June, and an
extended limited contract for a term not to exceed one year shall be executed
accordingly. Upon any subsequent reemployment of the teacher only a continuing
contract may be entered into.

(2)
If
the superintendent recommends that a teacher eligible for continuing service
status not be reemployed, the board may declare its intention not to reemploy
the teacher by giving the teacher written notice on or before the first day of
June of its intention not to reemploy the teacher. If evaluation procedures
have not been complied with pursuant to section
3319.111 of the Revised Code or
the board does not give the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to exceed one year
at the same salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended limited
contract for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the fifteenth day of June, and an
extended limited contract for a term not to exceed one year shall be executed
accordingly. Upon any subsequent reemployment of a teacher only a continuing
contract may be entered into.

(3)
Any
teacher receiving written notice of the intention of a board not to reemploy
such teacher pursuant to this division is entitled to the hearing provisions of
division (G) of this section.

(1)
If a board rejects the recommendation of
the superintendent for reemployment of a teacher pursuant to division (B)(1) of
this section, the superintendent may recommend reemployment of the teacher, if
continuing service status has not previously been attained elsewhere, under an
extended limited contract for a term not to exceed two years, provided that
written notice of the superintendent's intention to make such recommendation
has been given to the teacher with reasons directed at the professional
improvement of the teacher on or before the first day of June. Upon subsequent
reemployment of the teacher only a continuing contract may be entered
into.

(2)
If a board
of education takes affirmative action on a superintendent's recommendation,
made pursuant to division (C)(1) of this section, of an extended limited
contract for a term not to exceed two years but the board does not give the
teacher written notice of its affirmative action on the superintendent's
recommendation of an extended limited contract on or before the first day of
June, the teacher is deemed reemployed under a continuing contract at the same
salary plus any increment provided by the salary schedule. The teacher is
presumed to have accepted employment under such continuing contract unless such
teacher notifies the board in writing to the contrary on or before the
fifteenth day of June, and a continuing contract shall be executed
accordingly.

(3)
A board
shall not reject a superintendent's recommendation, made pursuant to division
(C)(1) of this section, of an extended limited contract for a term not to
exceed two years except by a three-fourths vote of its full membership. If a
board rejects by a three-fourths vote of its full membership the recommendation
of the superintendent of an extended limited contract for a term not to exceed
two years, the board may declare its intention not to reemploy the teacher by
giving the teacher written notice on or before the first day of June of its
intention not to reemploy the teacher. If evaluation procedures have not been
complied with pursuant to section
3319.111 of the Revised Code or if
the board does not give the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to exceed one year
at the same salary plus any increment provided by the salary schedule. The
teacher is presumed to have accepted employment under the extended limited
contract for a term not to exceed one year unless such teacher notifies the
board in writing to the contrary on or before the fifteenth day of June, and an
extended limited contract for a term not to exceed one year shall be executed
accordingly. Upon any subsequent reemployment of the teacher only a continuing
contract may be entered into.

Any teacher receiving
written notice of the intention of a board not to reemploy such teacher
pursuant to this division is entitled to the hearing provisions of division (G)
of this section.

(D)
A
teacher eligible for continuing contract status employed under an extended
limited contract pursuant to division (B) or (C) of this section, is, at the
expiration of such extended limited contract, deemed reemployed under a
continuing contract at the same salary plus any increment granted by the salary
schedule, unless evaluation procedures have been complied with pursuant to
section 3319.111 of the Revised Code and
the employing board, acting on the superintendent's recommendation that the
teacher not be reemployed, gives the teacher written notice on or before the
first day of June of its intention not to reemploy such teacher. A teacher who
does not have evaluation procedures applied in compliance with section
3319.111 of the Revised Code or
who does not receive notice on or before the first day of June of the intention
of the board not to reemploy such teacher is presumed to have accepted
employment under a continuing contract unless such teacher notifies the board
in writing to the contrary on or before the fifteenth day of June, and a
continuing contract shall be executed accordingly.

Any teacher receiving a
written notice of the intention of a board not to reemploy such teacher
pursuant to this division is entitled to the hearing provisions of division (G)
of this section.

(E)
The
board shall enter into a limited contract with each teacher employed by the
board who is not eligible to be considered for a continuing contract.

Any teacher employed
under a limited contract, and not eligible to be considered for a continuing
contract, is, at the expiration of such limited contract, considered reemployed
under the provisions of this division at the same salary plus any increment
provided by the salary schedule unless evaluation procedures have been complied
with pursuant to section
3319.111 of the Revised Code and
the employing board, acting upon the superintendent's written recommendation
that the teacher not be reemployed, gives such teacher written notice of its
intention not to reemploy such teacher on or before the first day of June. A
teacher who does not have evaluation procedures applied in compliance with
section 3319.111 of the Revised Code or
who does not receive notice of the intention of the board not to reemploy such
teacher on or before the first day of June is presumed to have accepted such
employment unless such teacher notifies the board in writing to the contrary on
or before the fifteenth day of June, and a written contract for the succeeding
school year shall be executed accordingly.

Any teacher receiving a
written notice of the intention of a board not to reemploy such teacher
pursuant to this division is entitled to the hearing provisions of division (G)
of this section.

(F)
The
failure of a superintendent to make a recommendation to the board under any of
the conditions set forth in divisions (B) to (E) of this section, or the
failure of the board to give such teacher a written notice pursuant to
divisions (C) to (E) of this section shall not prejudice or prevent a teacher
from being deemed reemployed under either a limited or continuing contract as
the case may be under the provisions of this section. A failure of the parties
to execute a written contract shall not void any automatic reemployment
provisions of this section.

(1)
Any teacher receiving written notice of
the intention of a board of education not to reemploy such teacher pursuant to
division (B), (C)(3), (D), or (E) of this section may, within ten days of the
date of receipt of the notice, file with the treasurer of the board a written
demand for a written statement describing the circumstances that led to the
board's intention not to reemploy the teacher.

(2)
The
treasurer of a board, on behalf of the board, shall, within ten days of the
date of receipt of a written demand for a written statement pursuant to
division (G)(1) of this section, provide to the teacher a written statement
describing the circumstances that led to the board's intention not to reemploy
the teacher.

(3)
Any teacher
receiving a written statement describing the circumstances that led to the
board's intention not to reemploy the teacher pursuant to division (G)(2) of
this section may, within five days of the date of receipt of the statement,
file with the treasurer of the board a written demand for a hearing before the
board pursuant to divisions (G)(4) to (6) of this section.

(4)
The
treasurer of a board, on behalf of the board, shall, within ten days of the
date of receipt of a written demand for a hearing pursuant to division (G)(3)
of this section, provide to the teacher a written notice setting forth the
time, date, and place of the hearing. The board shall schedule and conclude the
hearing within forty days of the date on which the treasurer of the board
receives a written demand for a hearing pursuant to division (G)(3) of this
section.

(5)
Any hearing
conducted pursuant to this division shall be conducted by a majority of the
members of the board. The hearing shall be held in executive session of the
board unless the board and the teacher agree to hold the hearing in public. The
superintendent, assistant superintendent, the teacher, and any person
designated by either party to take a record of the hearing may be present at
the hearing. The board may be represented by counsel and the teacher may be
represented by counsel or a designee. A record of the hearing may be taken by
either party at the expense of the party taking the record.

(6)
Within ten days of the conclusion of a hearing conducted pursuant to this
division, the board shall issue to the teacher a written decision containing an
order affirming the intention of the board not to reemploy the teacher reported
in the notice given to the teacher pursuant to division (B), (C)(3), (D), or
(E) of this section or an order vacating the intention not to reemploy and
expunging any record of the intention, notice of the intention, and the hearing
conducted pursuant to this division.

(7)
A
teacher may appeal an order affirming the intention of the board not to
reemploy the teacher to the court of common pleas of the county in which the
largest portion of the territory of the school district or service center is
located, within thirty days of the date on which the teacher receives the
written decision, on the grounds that the board has not complied with this
section or section
3319.111 of the Revised Code.

Notwithstanding section
2506.04 of the Revised Code, the
court in an appeal under this division is limited to the determination of
procedural errors and to ordering the correction of procedural errors and shall
have no jurisdiction to order a board to reemploy a teacher, except that the
court may order a board to reemploy a teacher in compliance with the
requirements of division (B), (C)(3), (D), or (E) of this section when the
court determines that evaluation procedures have not been complied with
pursuant to section
3319.111 of the Revised Code or
the board has not given the teacher written notice on or before the first day
of June of its intention not to reemploy the teacher pursuant to division (B),
(C)(3), (D), or (E) of this section. Otherwise, the determination whether to
reemploy or not reemploy a teacher is solely a board's determination and not a
proper subject of judicial review and, except as provided in this division, no
decision of a board whether to reemploy or not reemploy a teacher shall be
invalidated by the court on any basis, including that the decision was not
warranted by the results of any evaluation or was not warranted by any
statement given pursuant to division (G)(2) of this section.

No appeal of an order of
a board may be made except as specified in this division.

(b)
Deliver the notice by certified mail, return receipt requested, addressed to
the teacher at the teacher's place of employment and deliver a copy of the
notice by certified mail, return receipt requested, addressed to the teacher at
the teacher's place of residence.

(2)
In
giving a board any notice required by division (B), (C), (D), or (E) of this
section, the teacher shall do either of the following:

(a)
Deliver the notice by personal delivery to the office of the superintendent
during regular business hours;

(b)
Deliver the notice by certified mail, return receipt requested, addressed to
the office of the superintendent and deliver a copy of the notice by certified
mail, return receipt requested, addressed to the president of the board at the
president's place of residence.

(3)
When any notice and copy of the notice are mailed pursuant to division
(H)(1)(b) or (2)(b) of this section, the notice or copy of the notice with the
earlier date of receipt shall constitute the notice for the purposes of
division (B), (C), (D), or (E) of this section.

(I)
The
provisions of this section shall not apply to any supplemental written
contracts entered into pursuant to section
3319.08 of the Revised
Code.

(J)
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised
Code, the dates set forth in this section as "on or before the first day of
June" or "on or before the fifteenth day of June" prevail over any conflicting
provisions of a collective bargaining agreement entered into on or after the
effective date of this amendment.